What do I have to show to win a lawsuit for fraud?

You must show that you were genuinely deceived by the misrepresentations given to win a lawsuit for fraud. You must also show that the person making the statement knew it was an outright lie. Exaggerated claims, “sales talk” (e.g., the car salesmen trumpets), or “puffing” are not usually considered fraudulent since the courts view them as statements of opinion, not statements of facts. For more legal help, use our free tool below.

UPDATED: Jul 15, 2021

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UPDATED: Jul 15, 2021Fact Checked

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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Mary Martin

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Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...

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UPDATED: Jul 15, 2021

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

UPDATED: Jul 15, 2021

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jul 15, 2021Fact Checked

To win a suit for fraud, you must show that you were truly deceived by the misrepresentations given and that you reasonably relied on the statement or act to your detriment. In other words, your reliance on the action or statement affected your course of action. And you suffered harm because of the misrepresentation.

Though this is the basis for an action for fraud, there is an exception. Exaggerated claims, “sales talk,” (e.g., the car salesmen trumpets) or “puffing” are not usually considered fraudulent since the courts view them as statements of opinion, not statements of facts. Half-truths that are misleading are grounds for action for fraudulent misrepresentation.

You must also show that the person making the statement knew it was an outright lie. This element may be a major hurdle to prove because dishonest people are very skillful and ingenious at disguising their statements, knowing the “fine line” to avoid legal trouble or face any scrutiny.

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Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Mary Martin

Published Legal Expert

Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...

Published Legal Expert

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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